INTERNATIONALINSTITUTE

OF HUMANITARIAN LAW

INTERNATIONALINSTITUTE

OF HUMANITARIAN LAW12 - 2002October - December

continued on the next page

CONTENTS

� Senator Bosi visits the Institute� �New Challenges�� The 97th International Military

Course on LOAC� �SENEZH 16� Course in Moscow� First Refugee Law Course

in Spanish� �Je me souviens...�� Meeting of the Council

receiving Senator Francesco Bosi,Under-Secretary of the Italian Ministryof Defence.

The Senator was welcomed byrepresentatives of the LocalAuthorities, Dr. Montebelli, Prefetto ofImperia, and Avv. Berrino, Deputy-Mayor of the City of Sanremo who alsoshowed him around the beautifulgardens of Villa Ormond.

He then addressed the participantsand visited the classrooms whereofficers were involved in lessons andpractical exercises.

Finally, Senator Bosi had a privatemeeting with Professor Patrnogic,President of the Institute, with whomhe discussed the possibility of closercollaboration in the future to beestablished between the Institute andthe Italian Ministry of Defence.

�New Challenges�by Lt. Colonel Mario Léveillé

Life is full of surprises andthe summer of 2002 wouldcertainly bring it�s share. I wasthen completing my first yearas Assistant Judge AdvocateGeneral Western Region in thebeautiful province of Alberta,Canada. After many months ofwork related to the deploymentof thousands of CanadianForces troops for the G8Summit held at Kananaskis, Iwas preparing to deploy onoperations to Sarajevo for threemonths. During the same

Senator Francesco Bosi,Under-Secretary of the Italian Ministry of Defence,visits the International Institute

of Humanitarian Law.On 20th November 2002, during the 97th Course

on the Law of Armed Conflict, the InternationalInstitute of Humanitarian Law had the honour of

period, I was informed that I would likely be deploying somewhereelse for 6 months. This, however, was not the last surprise of thesummer.

In late August 2002, I received a brief message from ourChief of Staff: �Posting to Sanremo, please call�. For me Sanremomeant the International Institute of Humanitarian Law � and the

LIST OF ACTIVITIES IN 2003I. Military Courses

1. International Military Courses on the Law of Armed Conflict

98nd Course (English) 10 - 21 March, Sanremo99rd Course (French) 31 March - 11 April, Sanremo100th Course (English with Russian class) 28 April - 9 May, Sanremo101th Course (English with Arab class) 19 - 30 May, Sanremo102th Course (Spanish) 15 - 16 September, Sanremo103th Course (English with Russian class) 10 - 21 November, Sanremo

2. Competition on IHL for Military Academies (English) 10 - 14 February, Sanremo

3. 5th Seminar for Military Doctors (English and French) 2 - 6 June, Sanremo

4. 3rd Seminar on Human Rights, Armed Forces and Security Forces (English) 9 - 13 June, Sanremo

5. 5th Advanced Military Course on the Law of Armed Conflict (English and French) 6 - 24 October, Sanremo

6. Seminar on a current issue of IHL (English and French) 22 - 24 October, Sanremo

7. Courses for Managers of Training Programmes

10th Course (French) 2 - 6 June, Sanremo11th Course (English) 25 - 29 December, Sanremo

8. 3rd Course for Planners and Executors of Air Operations (English) 1 - 5 December, Sanremo

9. 3rd Course for Planners and Executors of Naval Operations (English) 1 - 5 December, Sanremo

II. Courses on International Refugee Law

25st Course (English) 1 - 5 April, Sanremo26nd Course (French) 8 - 12 April, Sanremo27rd Course (Spanish) 4 - 8 November, Sanremo28th Course (English) 11 - 15 November, Sanremo

III. 3nd Summer Course on International Humanitarian Law(English) 7 - 19 July, Sanremo/Geneva

IV. XXVII Round Table on current issues of International Humanitarian Law 4 - 6 September, Sanremo

V. Programme of internships and �stages� for researchers and students

FROM THEMILITARY DEPARTMENTNEWS

97th International MilitaryCourse on the Law of ArmedConflict in Sanremo

Sanremo, once a fashionableresort for the aristocracy of Europe,now hosts probably one the mostremarkable military conferences inthe world. In a new millennium, whichhas already witnessed a number ofconflicts and stands on the brink ofanother, Sanremo seems able to bringmembers of the Armed Forces andothers from across the world togetherto study the Law of Armed Conflictand Humanitarian Law in a spirit offriendship and co-operation which isremarkable. Such a gathering couldnever be achieved by individualNations themselves.

Monday 11th November 2002 sawthe start of the 97th Course on theLaw of Armed Conflict at the Inter-national Institute of Humanitarian

continued from the first pageItalian Riviera!

I was relatively familiar with themilitary courses offered at the Instituteand knew the excellent reputation itenjoyed. I was asked if I would beinterested in joining the staff of theInstitute as Deputy Director of the MilitaryDepartment. It was with honour and agreat sense of excitement that I acceptedthis new challenge. I was informed that Ihad to be there as soon as possible, andthat meant the following month.

After a turbulent few days dealing withthe multitude of issues linked to my moveand finalising office related matters, Iarrived in Sanremo on 30 September and

Law in Sanremo. The 97th Course wasthe largest course held to date andbrought together approximately 80delegates from around the world. The

course was in English and Russian anda sizeable delegation from theRussian Federation attended togetherwith officers from Armenia, Georgia,Kazakhstan and Tajikistan.

Despite its recent troubles, fiveofficers from Afghanistan alsoattended as well as a delegation fromChina. This in itself was a remarkablegathering.

In addition, officers from thecontinents of Europe, Africa, India,Asia and South America attended aswell as the Middle East, Japan, Indo-nesia, Papua New Guinea and manyothers. This gathering is probablyunique.

The aim of the course is to instructmembers of the Armed Forces fromaround the world, and others involvedin military operations, in the Law ofArmed Conflict. For two weeks,delegates in mixed classes not onlystudied the Law of Armed Conflict butalso learnt how to incorporate suchlaws into the military planningprocess. At the same time, theyshared their own individualexperiences which often includedconflicts in their own countries andsometimes beyond.

All this was set in an atmosphereof friendship andco-operation inwhich delegatess o c i a l i s e dtogether both atthe Institute andin the delightfultown of Sanremo.No doubt, as be-fore, friendship forlife were forged atthe conference.

Sanremo is notonly a oncefamous resort forthe aristocracy of

Europe but is also now famed forinternational law. The SanremoManual on International LawApplicable to Armed Conflicts at Seawas produced here in 1994 but aboveall, its ability to bring so manymembers of the World�s Armed Forcestogether to study such an importantsubject is a truly remarkableachievement.

Lt.Col. Nicholas Mercer,Teaching Staff, International

Institute of Humanitarian Law

Group photo taken during the Course on the Law of Armed Conflict�SENEZH 16� for officers of the Engineers Corps of the Russian ArmedForces held near Moscow in September 2002. These Courses werecreated by General Victor Vinigradov (5th on the left) who drewinspiration, as a participant, from LOAC Courses held in Sanremo. Itrepresents a clear example of continuos efforts to disseminate LOACand we can only congratulate our Russian friend for their initiative.

REFUGEE LAW COURSES

1st Refugee LawCourse in Spanish

Dear friends,With the following words I would like just to express

my gratitude to the International Institute ofHumanitarian law for inviting me to participate in the�22 Curso sobre el Derecho de los Refugiados�,Sanremo, 22-26 October, 2002 and my satisfactionwith the excellent organisation and usefulness of theevent.

In less than a week I have been able not only torefresh and develop my knowledge of some basicnotions of the refugee law and to deepen myunderstanding of some more specific refugee issues,e.g. the �non-refoulement� clause, the Latin Americatraditions in the field, etc. but also to exchangeexperiences with the other participants and to makemany new friendships.

From my point of view, the created atmosphere ofexchanging experiences with different people fromdifferent backgrounds but unified by their interest and

enthusiasm in the refugee issues was the most valuableand unforgettable. On the one hand, this was due to thetraditionally good organisation of the IIHL courses andthe skilful selection of content and presenters done bythe excellent director of the Spanish Course Dr. MariaSiemens.

But on the other hand, the �special flavour� of thecourse for me came from the fact that this was the firstone whose working language was Spanish and I had�the privilege� to be the only person speaking the

language but not coming from Spain or Latin America.Thank you once again to the organisers and the other participants

and I really hope our relations will continue and that we all gave awonderful start for the next �Cursos sobre el Derecho de los Refugiados�.

Hasta siempre!Mitko Chatalbashev, Bulgaria

Lawyer, Legal Network of the Bulgarian Helsinki Committee,Project �Legal Protection of Refugees and Migrants�

22° Curso sobre el Derecho de los RefugiadosSanremo 22-26 octubre 2002

5-9 November 2002: 23rd Refugee Law Course (English) 12-16 novembre 2002: 24ème Cours sur le Droit des Réfugiés (Français)

at the Institute the next morning. I wasimmediately briefed on my newresponsibilities by the Director of themilitary department Brig.Gen. HenriMonod and Major Kurt Larson (USMC)who had offered his services for a fewweeks after the departure of Lt.Col BenKlappe in August (Major Larson left on4 October).

The 4th Advanced Course on theLOAC was starting in less than a week.It would be followed immediately by aSeminar on Terrorism and InternationalLaw. November would bring the 97th

Basic Course, the Course for Managersof Training Programs and the Coursesfor Planners and Executors of Air and

Naval Operations.A number of other important initiatives

and matters also had to be taken care ofbefore the end of the year. There is nobetter way to learn your job than to do it!

Three busy months have past sincethat first week in October. During thisshort time I have formed a very positiveopinion of the Institute and of the city ofSanremo. I have had the privilege to meethundreds of fascinating individuals frommore than 50 different countries whocame here to learn more aboutInternational Humanitarian Law and toshare their knowledge and experiences.

The interaction between participantsof so many diverse backgrounds, culture,

mentalities is one of the unique aspectsof the Institute.

I have been most impressed with thequantity and level of work accomplishedby the very small permanent staff of theInstitute. The contribution offered by theteaching staff, all of whom arevolunteers, is also truly remarkable. Itis with enthusiasm and optimism that Iwelcome this new year and the manychallenges it will bring.

Lt. Colonel Mario Léveillé,

Deputy Director of the Military Department,International Institute of Humanitarian Law

Dr. Maria Siemens, Director of the Course with Dr. Carlos Boggio, UNHCRRepresentative in Spain, and Dr. Stefania Baldini, IIHL Secretary General.

IIHL NEWSLETTERNº 12 - Ottobre-Dicembre 2002

Direttore responsabile:Fabrizio D�Amico

Autorizzazione del Tribunale di SanremoN° 1 - del 31.07.2000

INTERNATIONAL INSTITUTE OF HUMANITARIAN LAWVilla Ormond - Corso Cavallotti 113 - 18038 Sanremo, Italy

Tel. +39 0184541848 - Fax +39 0184541600 - sanremo@iihl.org

www.iihl.org

Liaison Office - La Voie-Creuse 16 - 1202 Geneva, SwitzerlandTel. +41 22 9197930 - Fax +41 22 9197933 - geneve@iihl.org

Dear IIHL Leadership, Administrationand Staff,

I desire to express my great appreciation forthe amazing and unique learning experiences andeducational opportunities that have been affordedto me at the International Institute ofHumanitarian Law. The Military, Civilian andRefugee courses I have taken are amongst the

Meeting of the CouncilThe new Council of the Institute, which

had been elected by the General Assemblyon 8 September last, met on 14 December.

The Council unanimously confirmed theelection of Prof. Patrnogic as Presidentand of Dr. Baldini as Secretary General.

The co-optation of Gen. Abt, Prof.Lattanzi and Dr. Vinciguerra, asTreasurer, was also confirmed.

The Council co-opted as new Councilmembers Mr. Bubb and Amb. Morjane,and elected as Vice-Presidents Gen. Blais,Dr. Jenny and Judge Pocar. Presidentsof the Institute�s Commissions werenominated as follows: Dr. Bugnion(Humanitarian Law Commission); Gen.Dahl (Military Commission); Ms Nielsen(Refugee Law Commission); Dr. Al-Hadid(Relief Law Commission).

As for the Migration and Human RightsCommission, the Executive Board will soonpropose a president.

best learning experiencesI have ever had in anyforum, in anyenvironment.

This exceptionalquality has been derivedfrom the high calibreteachers and facilitators,the incredibly dedicatedand motivated staff of theInstitute, the social forumthat the students create,and the lovely environs ofSanremo.

Everyone has workedin harmony and withcompassion towardsachieving the commongoal of bringing the vitalelement of humanity tothe most dire of humancircumstances.

The Institute is trulyunique in both itsphilosophy of training andits implementation. Ihave never beforeexperienced LOAC placedin its actual contextual setting and directlyapplied in a classroom environment byprofessional soldiers who have the first handknowledge to reconcile the often disparatetheories and practical realities of situations ofarmed conflict.

The Basic Course excelled at presentingthe methods and means of facilitating thoroughintegration of the LOAC into ROE and strategicand operational planning. Throughout the BasicCourse the material presented was alwaysmade relevant to the participant�s experiences.The teamwork and bonding between studentswas unbelievable and constantly brought forththe notion of humanity and the prosperity ofhuman relationships to the everyday workingenvironment.

The Advanced Course fortified bothknowledge and humanity and gave thetheoretical, historical, and internationalorganisational backdrop to the activities of theBasic Course. The Course for TrainingManagers taught the skills and leadershipnecessary for bringing this vital knowledge ofLOAC to the many who are required toimplement it or whom desperately need toreceive its shelter and protection from theperils of armed conflict.

My research and studies have greatlybenefited from having been exposed to theMilitary perceptions and perspectives on theimplementation of the LOAC. Also I found theMilitary often focused on different issues ofcontent, some that were neglected in teachingwithin the civilian sector. I have realised howincomplete my knowledge of LOAC was priorto the IIHL Military courses as well as the manyproblems with my prior education in this area.Since both military and civilian alike areresponsible for the proper education,dissemination, and implementation of theLOAC I feel privileged to have had exposureto representation of both types of teaching,

content, and perspectives. I plan to use theknowledge from the IIHL courses to take theinitiative to highlight and repair some of the deficitsthat I have recognised in my previous educationalexperiences.

The IIHL courses have been instrumental inteaching me how to successfully integrate LOACinto practical military applications. I plan to tryand use these techniques in the design of myown courses and in my research, paying particularattention to transforming both civilian and militarytheory into practical fields that students cantangibly utilise and apply.

The Refugee course was equally wellorchestrated. It brought together an amazing

array of professionals and expert lecturers in a forum toboth learn and discuss the most pertinent issues affectingmillions of displaced and relocated people. The lecturerswere specific and always lectured on important issues.The dialogue and camaraderie amongst participants wassuperb and inspiring.

For my experience of Refugee Law the most importantaspect was addressing how to deal with refugee problemsthat arise from armed conflict, in the military context, orthat involve armed elements, particularly in situations ofmass influx.

There are magic kingdoms that are notDisneyland�s. The theme of Disneyland is beauty,thrill, and splendour. The theme of IIHL is theharsh ever present reality of armed conflict andturpitude. While the two apparently share verylittle in common they at least share three things:Humanity, Wonder, and the Magic Kingdom.

The Humanity is like a set of dominoes. It isin you the IIHL staff who give their time andefforts to afford to students the knowledge ofLOAC. It is in the students who come from thatworld on a quest to learn and implement theLOAC. It is in the implementation of the LOACthat restores and affords humanity to war victimsand refugees. Finally, it is through this fulfilment

of LOAC obligations andprotections, that theworld may one day beworthy of being calledhumane.

The wonder is in theeverlasting andunquenched desire forknowledge and learning.Both the staff and theparticipants have anunbelievable desire tolearn both in the academicand social context. Thedebates often churn onlong into the night.

This academic andsocial continuity is a rarefeature of a well organisedand motivated group andreflective of the inspirationeach person in theInstitute�s environmentprovides and in turnreceives.

As if to pretend theseother accomplishmentswere not in themselves

Magic. The magic is that in my dreams I didnot know it would be possible to one day sitamongst a plenary and listen to an operationalpresentation drawn up in a Russian speakinggroup between some of the most senior officersof the Russian and CIS Armies, their formerenemies the Mujah Haden, and civilians. Whowould expect to have a person from Mongo-lia, Afghanistan, and Chile in the same classtaught by an officer of Singapore?

Which optimist would bet on the harmony,co-operation, and respect shown betweenevery participant while debating some of themost controversial issues and culturalperceptions that are inherent in any discussionin the LOAC. It is these many wonders ofhumanity which I witnessed and was affordedthe opportunity to take part in that is the magicof Sanremo.

This magic kingdom that you have createdand facilitated in Sanremo succeeds inchanging people�s lives forever. These studentsin turn contribute to the domino effect ofpassing the humanity to all others throughsharing their experiences in the propereducation, dissemination, and implementationof the LOAC.

I feel the greatest thanks I can give to theInstitute is to do my part in passing on theexperiences and knowledge that you have sograciously afforded to me. I shall try to usethe knowledge both for research and inpractice. I am sure the other participants willendeavour to do the same.

Thank you again for providing me with aninspirational experience which truly makesreality echo humanity.

Je me souviens�..Yours truly,

David A. G. Lewis,Student at the Raoul Wallenberg

Institute, University of Lund, Sweden

Je me souviens ...